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2003-33 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 10, 2003 RESOLUTION NO: 2003-33 MOTION BY: Peterson SECONDED BY: Lundquist A RESOLUTION VACATING REMAINING EASEMENTS FOR SCHNEIDER PARK 2ml~ ADDITION, PROJECT NO. 02-02 AND VACATION FILE 2002-2 WHEREAS, the developer, the City of Chanhassen, is requesting vacation of all the existing easements and right-of-way within the existing area that is being platted as Schneider Park 2nd Addition (new library site); and WHEREAS, the existing drainage and utility easements and right-of-way were either dedicated to the City as part of the Schneider Park plat in 1980 or granted through separate agreements with property owners; and WHEREAS, the City Council approved the vacation of some of the easements and right- of-way within the Schneider Park plat on May 28, 2002; and WHEREAS, in reviewing the title commitment in preparation of recording the final plat of Schneider Park 2nd Addition, a number of easements and right-of-way documents were not dedicated on the original plat of Schneider Park; and WHEREAS, these vacations are necessary to "clean up" the new plat. New right-of-way and easements are being dedicated where necessary to replace the vacated portions. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating all of the existing easements and fight-of-way on the attached vacation description list. Passed and adopted by the Chanhassen City Council this l0th day of March 2003. Gerhardt, City Ma--'~g~-~ YES NThffmas A. Furlong, Mayor ABSENT~ Furlong Ayotte Lundquist Peterson None Labatt EASEMENT/RIGHT-OF-WAY VACATION DESCRIPTION LIST (1) Utility and drainage easements as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK. (2) Center Street as contained in the dedication clause and as shown on the plat of SCHNEDER PARK. (3) Chan View as contained in the dedication clause and as shown on the plat of SCHNEDER PARK. (4) The easterly 13.80 feet of Kerber Drive as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK. (5) That part of County State Aid Highway No. 16 (now known as West 78th Street), as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK, described as follows: Beginning at the southwest comer of Lot 1, Block 2, said SCHNEIDER PARK; thence S 85°34'27TM E along the southerly line of said Lot 1, Block 2, a distance of 256.18 feet; thence N 87047'50'' W a distance of 244.13 feet; thence deflecting to the right along a tangential curve, concave to the northeast, having a radius of 26.00 feet to a line that is extended westerly from said southwesterly corner of Lot 1, Block 2, at a bearing of N 85°34'27TM W; thence S 85034'27" E to the point of beginning. (6) Easement and right-of-way for public utilities, street and drainage purposes in favor of the City of Chanhassen as set forth in instrument filed July 28, 1988 as Carver County Recorder Document No. 97949. Said easement area to be vacated is the complete easement area as described in said instrument and repeated below: All that part of Lot 3, Block 2, SCHNEIDER PARK, according to the recorded plat thereof, Carver Count},, Minnesota, which lies southerly of a line distant 40.00 feet northerly fi'om and parallel with the south line of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. (7) Easement for public street and road right-of-way purposes in favor of the City of Chanhassen as set forth in instrument filed August 1, 1988 as Carver County Recorder Document No. 98019. Said easement area to be vacated is the complete easement area as described in said instrument and repeated below: The East 7.00 feet of Lot 3, Block 2, SCHNEDER PARK, Carver County, according to the recorded plat thereof. AND All that part of said Lot 3, Block 2, SCHNEDER PARK, which lies northeasterly of a curve concave to the southwest having a radius of 25.00 feet. Said curve is tangent to the west line of the East 7.00 feet of Lot 3, and passes through a point on the north line of said Lot 3 distant 16.68 feet westerly from the northwest coiner of said Lot 3. 104533